Pandemic Darlings The pandemic economy, in original documents
Home Court filings Skyworks, Ltd. v. Centers for Disease Control and Prevention

Case docket

Skyworks, Ltd. v. Centers for Disease Control and Prevention — N.D. Ohio, No. 5:20-cv-02407

Skyworks, Ltd. v. Centers for Disease Control and Prevention — 19 court filings in the archive from U.S. District Court for the Northern District of Ohio, filed between October 23, 2020 and December 10, 2021. Among them: 3 notices, 2 motions and 2 opinions.

Case facts

CourtU.S. District Court for the Northern District of Ohio
Filings19 public filings (1 undated)
Filed2020-10-23 – 2021-12-13
Document typesnotices (3), motions (2), opinions (2), complaint (1), memorandum or brief (1), judgment (1)
Original PDFs19 of 19

Case summary

Four landlords and property managers and the National Association of Home Builders filed this complaint on October 23, 2020 in the U.S. District Court for the Northern District of Ohio, Eastern Division, No. 5:20-cv-02407, challenging the nationwide residential eviction moratorium the Centers for Disease Control and Prevention adopted on September 4, 2020. The complaint pleads four counts: that the order exceeds the CDC's statutory and regulatory authority, that it is an unconstitutional exercise of legislative power, that the CDC failed to follow notice-and-comment rulemaking, and that the order is arbitrary and capricious. In an opinion and order of March 10, 2021 the court held that the CDC exceeded its authority under Section 361(a) of the Public Health Service Act, and it entered an amended judgment declaring the orders invalid on June 3, 2021.

Case at a glance

PartiesPlaintiffs: Skyworks, Ltd.; Cedarwood Village Apartments I & II Owner B, LLC; Monarch Investment and Management Group, LLC; Toledo Properties Owner B, LLC; and the National Association of Home Builders. Defendants: Centers for Disease Control and Prevention and its Director and Acting Chief of Staff, the Department of Health and Human Services and its Secretary, and the Attorney General of the United States, all the individuals in their official capacities; the officials named change between the complaint and the notice of appeal
Court and docketU.S. District Court for the Northern District of Ohio, Eastern Division, No. 5:20-cv-02407 (Judge J. Philip Calabrese, Magistrate Judge Carmen E. Henderson); the complaint is docketed 5:20-cv-02407-JRA and later filings 5:20-cv-02407-JPC
ProgramNot named in the filings on this page. The measure at issue is the CDC's nationwide residential eviction moratorium under Section 361 of the Public Health Service Act; the complaint refers to the expiration of the earlier moratorium on certain evictions under the CARES Act
ClaimsCount I, the CDC's order exceeds its statutory and regulatory authority, in violation of 42 U.S.C. § 264, 42 C.F.R. § 70.2 and 5 U.S.C. § 706(2)(A) and (C); Count II, the order is an unconstitutional exercise of legislative power in violation of the nondelegation doctrine, U.S. Const. art. I, § 1; Count III, failure to follow notice-and-comment rulemaking, 5 U.S.C. §§ 553 and 706(2)(D); Count IV, the order is arbitrary and capricious under 5 U.S.C. § 706. The prayer seeks a declaratory judgment and preliminary and permanent relief
Disposition or statusJudgment for the plaintiffs. The opinion and order of March 10, 2021 held that the CDC's eviction-moratorium orders exceed its statutory authority; the amended judgment of June 3, 2021 declares the orders of September 4, 2020, January 29, 2021 and March 31, 2021 invalid and states that it binds the parties, including their respective members, wherever they may be. The defendants filed a notice of appeal on June 15, 2021, and on December 10, 2021 Skyworks withdrew its motion for attorneys' fees, stating that the parties had reached a settlement on fees
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What did the court decide?

That the Centers for Disease Control and Prevention exceeded the scope of its authority under Section 361(a) of the Public Health Service Act, 42 U.S.C. § 264(a), by adopting and enforcing a nationwide eviction moratorium in orders dated September 4, 2020, January 29, 2021 and March 31, 2021, and that because those orders exceed the agency's statutory authority they are invalid.

What did the second opinion address?

The scope of the declaratory judgment. The plaintiffs moved to alter or amend the earlier judgment to clarify whether it bound only the parties or applied more broadly; the opinion of June 3, 2021 records that the plaintiffs maintained the CDC's nationwide order has no validity nationally or at least within the Northern District of Ohio, while the CDC read the ruling as binding only the parties. The court held the plaintiffs had standing to seek that clarification and entered the amended judgment the same day.

What order was challenged?

The opinion records that on September 4, 2020 the CDC ordered a moratorium on some but not all evictions, acting on an emergency basis under Section 361 of the Public Health Service Act and 42 C.F.R. § 70.2 while disclaiming rulemaking under the Administrative Procedure Act, and that the Consolidated Appropriations Act extended that order through January 31, 2021. The CDC later extended the moratorium through June 30, 2021.

Summary written from the documents on this page; every sentence is sourced.

Filings

19 public filings from this case, in filing-date order; undated filings are listed last.

  1. Complaint — Skyworks v. CDCComplaint · PDF
  2. Motion for Preliminary Injunction — Skyworks v. CDCMotion · PDF
  3. Amicus Curiae Brief (NCLA, NAA, NARPM) — Skyworks v. CDCPDF
  4. Defendants' Opposition to Motion for Preliminary Injunction — Skyworks v. CDCPDF
  5. Brief of Amici Curiae (Public Health Groups) — Skyworks v. CDCMemorandum or brief
  6. Amicus Curiae Brief (Community Legal Aid / NHLP) — Skyworks v. CDC (N.D. Ohio, 2020-11-30, 1)PDF
  7. Amicus Curiae Brief (Medical and Public Health Professionals) — Skyworks v. CDC (N.D. Ohio, 2020-11-30, 2)PDF
  8. Plaintiffs' Reply in Support of Motion for Preliminary Injunction — Skyworks v. CDCPDF
  9. Joint Status Report — Skyworks v. CDCPDF
  10. Notice of Related Decision (Terkel v. CDC) — Skyworks v. CDCNotice · PDF
  11. Memorandum Opinion and Order — Skyworks v. CDC (N.D. Ohio)Opinion · PDF
  12. Motion to Clarify or Amend Judgment — Skyworks v. CDCMotion · PDF
  13. Defendants' Opposition to Motion to Clarify or Amend Judgment — Skyworks v. CDC (N.D. Ohio)PDF
  14. Amended Judgment — Skyworks v. CDCJudgment · PDF
  15. Opinion and Order on Scope of Declaratory JudgmentOpinion · PDF
  16. Notice of Appeal — Skyworks v. CDCNotice · PDF
  17. Notice of Withdrawal of Motion for Attorneys' FeesNotice · PDF
  18. Joint Status Report — Skyworks v. CDCPDF
  19. undatedPlaintiffs' Reply in Support of Motion to Clarify or Amend Judgment — Skyworks v. CDCPDF

More documents from this docket

1 more document from the same CourtListener docket (gov.uscourts.ohnd.271237) is in the archive but is not among the 19 filings above.

  1. Judgment (2020-10-22)Cover sheet

Court, dates and docket numbers are as recorded on the filings.

Back to top